Department of the Army, U.S. Army Armament Research and Development Command and National Federation of Federal Employees, Local 1437 (Authority decision, February 9, 1983)

Final FLRA decision. The Authority dismissed arbitration exceptions as untimely. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This order does not address an unfair labor practice.

Plain-English summary

NFFE Local 1437 challenged an arbitration award involving the Army Armament Research and Development Command. The arbitrator's award was dated December 6, 1982, so the Authority calculated that exceptions had to reach its national office by January 4, 1983. The union's exceptions arrived on January 10. The Authority said it could not extend or waive the filing deadline and dismissed the exceptions without reaching their merits.

Decision snapshot

• Authority: Arbitration filing deadline under 5 U.S.C. § 7122(b) and 5 C.F.R. §§ 2425.1, 2429.21, 2429.23(d).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The exceptions arrived six days after the filing deadline, which the Authority could not extend or waive.

Full text (FLRA public release)

[ v11 p278 ]

11:0278(59)AR

The decision of the Authority follows:

11 FLRA No. 59

THE DEPARTMENT OF THE ARMY,
U.S. ARMY ARMAMENT RESEARCH AND
DEVELOPMENT COMMAND (ARRADCOM)
(Activity)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1437
(Union)

Case No. O-AR-499

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Joel M. Douglas filed by the union pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute and section 2425.1 of the Authority's Rules and Regulations. For the reasons stated below, it has been determined that the union's exceptions must be dismissed as untimely filed.

Under section 7122(b) of the Statute and section 2425.1 of the Authority's Rules and Regulations, the time limit for filing an exception to an arbitration award is 30 days beginning on and including the date of the award. Additionally, under section 2429.21 of the Rules and Regulations, any such exception must be received by the Authority before the close of business on the last day of the prescribed time limit.

The Arbitrator's award in this case, as included in the union's submission, is dated December 6, 1982. Therefore, under the Statute and the Authority's Rules and Regulations, the union's exceptions had to be filed, i.e., received in the national office of the Authority, no later than the close of business on January 4, 1983. However, the exceptions were not filed until January 10, 1983. In that regard, and as provided in section 2429.23(d) of the Rules and Regulations, the time limit for filing exceptions to an arbitration award may not be extended or waived by the Authority.

Accordingly, as the union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., February 9, 1983 James J. Shepard, Executive Director